General Terms and Conditions for Corporate Netbank, страница 4

The Bank is not liable for any damage or loss incurred by the Customer or the Connected Party in the absence of negligence or wilful misconduct. 

The bank is under no circumstances liable for any indirect or consequential damage or loss. 

The Bank is not liable for any loss or damage resulting from a legal enactment, the intervention of a public authority, an act of war, an act of terrorism, a strike, a blockade, a boycott, a lockout or any other similar circumstance. The reservation in respect of strikes, lockouts, boycotts and blockades applies even if the Bank itself, in whole or in part, takes such measures, or is, in whole or in part, subject to such measures.

Nor is the Bank liable for any loss or damage resulting from a disruption in automatic data processing, data transfer, telecommunications, any other electronic communications or in electric power supply or any other similar circumstance, provided the disruption is caused by reasons beyond the Bank's control. 

In the event that any circumstances to which clause 15.3 applies arises and thereby prevents the Bank from taking any action or performing its obligations in accordance with this Agreement, such action or performance may be postponed until such performance or action is possible. 

The Bank is not responsible for Connected Services provided by a Service Provider other than the Bank.

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16. Complaints

If the Customer is affected by faults in Corporate Netbank, the Customer must inform the Bank thereof in writing and specify the nature of the fault.

The complaint must be submitted to the Bank as soon as the Customer discovers the fault, however, no later than two (2) months' from the time when the fault arose. The Customer is not entitled to bring forward any claim against the Bank in the event that a complaint is not submitted within the prescribed period.

A complaint regarding a Connected Service must be addressed directly to the relevant Service Provider within the time frame applicable to the Connected Service in question. 

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17. Notices, etc

All notices or other messages referred to in clauses 5.4 (third paragraph), 6.2 (third paragraph), 12.2, 13 and 16 must be in writing, duly signed and sent to the other party by post or fax or be delivered personally.

Any other notice or message must be in writing and be sent to the other party by post, fax or e-mail or be delivered personally. In case such notice or message relates to all or a group of the Corporate Netbank customers of the Bank, the Bank may give such notice, transfer such message or supply such information by publishing it on the Bank's Internet pages.

The Bank may also give notices, transfer messages and supply information, other than in those cases referred to in the first paragraph, by presenting a message to an Administrator in Corporate Netbank. 

A notice sent by post is deemed to have been received seven days after it was sent. A notice sent by facsimile transmission or delivered personally is deemed to have been received when it was sent or delivered, provided it was sent or delivered during normal business hours at the place of intended receipt. If carried out outside normal business hours, the notice is deemed to have been received at the opening of business on the succeeding business day. A notice sent via e-mail is at the latest deemed to have been received when the recipient has confirmed recept. Such confirmation must be sent without undue delay.

When a notice from the Bank is available to be read or otherwise obtained by an Administrator via Corporate Netbank, the Customer is deemed to have received such notice when the Administrator logged on to the service or at the latest five (5) business days after the message was first made available. 

The Customer must immediately notify the Bank of any changes of name or address concerning itself or any Connected Party.

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18. Assignments

The Customer may not transfer or assign its rights and obligations under this Agreement.

The Bank is entitled to transfer or assign its rights and obligations under this Agreement to another company within the Nordea Group.

The Bank's assignment will not have any effect on the law and jurisdiction governing this Agreement.

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19. Law and jurisdiction

This Agreement is governed by and construed in accordance with the laws of the country of incorporation of the Bank. 

The Customer submits to the jurisdiction of the court located in the capital of the country of incorporation of the Bank as the court of first instance.If the Bank acts through one of its foreign branches when it enters into this Agreement the Bank is deemed to be incorporated in Finland and to have its registered office in Helsinki. 

If the parties to an agreement regarding a Connected Service have not agreed otherwise, a Connected Service is deemed to be supplied under the laws of the country of incorporation of the Service Provider in question and the court located in the capital of that country will determine any dispute arising in relation to such Connected Service. 

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